Brown v. Carbaugh

Filing 5

MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 01/08/2015. (kab)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
JONATHAN DAVID BROWN,
Plaintiff,
v.
REBECCA J. CARBAUGH,
Defendant.

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Civil Action No. 7:14cv00571
MEMORANDUM OPINION
By: Norman K. Moon
United States District Judge

Jonathan D. Brown, proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C.
§ 1983 against Rebecca J. Carbaugh. To state a cause of action under § 1983, a plaintiff must
allege facts indicating that he has been deprived of rights guaranteed by the Constitution or laws
of the United States and that this deprivation resulted from conduct committed by a person acting
under color of state law. West v. Atkins, 487 U.S. 42 (1988). However, Brown alleges no facts
against, or conduct committed by, defendant Carbaugh. Therefore, I conclude that Brown has
failed to state a claim under § 1983 against Carbaugh and will dismiss this action without
prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
ENTER: This 8th day of January, 2015.